UNITED STATES of America, Plaintiff,
Alabama Environmental Council, Plaintiff-Intervenor
v.
ALABAMA POWER COMPANY, Defendant.
United States District Court, N.D. Alabama, Southern Division.https://leagle.com/images/logo.png
June 3, 2005.
June 3, 2005.
Attorney(s) appearing for the Case
Alice H. Martin, US Attorney, John C. Bell, Lloyd C. Peeples, III, US Attorney's Office, Birmingham, AL, Lois J. Schiffer, Richard Mark Gladstein, David Rosskam, Deborah N. Behles, James R. MacAyeal, Katherine Erin Konschnik, Thomas L. Sansonetti, US Department of Justice, Washington, DC, for Plaintiff.
M. James Grode, Gilbert B. Rogers, Mary MacLean Asbill, Southern Environmental Law Center, Atlanta, GA, Jeffrey M. Gleason, Southern Environmental Law Center, Charlottesville, VA, for Plaintiff-Intervenor.
P. S. Gidiere, III, Spencer M. Taylor, Lyle D. Larson, Michael D. Freeman, R. Bruce Barze, Jr., Steven F. Casey, Steven G. McKinney, Balch & Bingham LLP, Minda Riley Campbell, Constangy Brooks & Smith, Birmingham, AL, Steven J. Hewitson, Daniel S. Reinhardt, Margaret Claiborne Campbell, Marshall B. Barton, Troutman Sanders LLP, Atlanta, GA, for Defendant.
United States District Court, N.D. Alabama, Southern Division.
MEMORANDUM OPINION ON CORRECT LEGAL TESTS
HOPKINS, District Judge.
I. Introduction and Procedural Background
On January 12, 20011, the Attorney General of the United States, acting at the request of the Administrator of the United States Environmental Protection Agency ("EPA") and through the United States Attorney for the Northern District of Alabama...
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